NOBLE v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3045.

140 Ariz. 571 (1984)

683 P.2d 1173

Bruce W. NOBLE, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Midwestern Distribution, Inc., Respondent Employer, Excalibur Insurance Company, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied June 26, 1984.


Attorney(s) appearing for the Case

Law Offices of Richard E. Taylor by Don F. Schaar, Phoenix, for petitioner.

Sandra Day, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Lewis & Roca by Merton E. Marks, R. Kent Klein, and Stephen M. Bressler, Phoenix, for respondent employer and respondent carrier.


OPINION

GREER, Judge.

Two issues are presented in this appeal by the petitioner claimant: First, whether the Industrial Commission's entry of an award for a compensable claim precludes a subsequent denial of liability for a certain injury, under the doctrine of res judicata; second, whether the Administrative Law Judge erred in evaluating the evidence. We hold that res judicata did not preclude the denial of liability in this case, and that the...

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